Examples

• statute law

  - 1998 HRA

  - 2010 Equality Act

  # 100 different measures into a single act to combat discrimination and promote a fairer society
• common law

  - A vs Home Secretary (No.2) 2005

  Information had been obtained through torture of suspected terrorists and could not be used

  # House of Lords agreed that the common law had forbidden such evidence to be admitted
• Royal assent

  Last time denied was 1707
• Parliament Act in use

  Hunting Act 2004
• select committees in legislation

  Communities and Local Government select committee launched an inquiry into the draft Tenant Fees Bill in 2017
• impact of backbench MPs

  - Corbyn rebelled against Blair making him most rebellious Labour backbencher between 1997-2010
• backbenchers threatening rebllion

  government paused plans to introduce 2024 Criminal Justice Bill

  # 40 Tory MPs threatened to rebel and defeat the bill
• PMQs

  - In 2015, Cameron said (paraphrasing) "that there isn't a Wednesday that you don't feel fear about what is going to happen"

  - In 2017, Labour raised the issues of school funding, the Grenfell tower fire and NHS privatisation
• select committees in scrutiny

  - In 2019, the Transport Select Committee criticised the Department for Transport for failing to take action on pavement parking. This had been promised back in 2015

  
  

  Privileges select committee scrutinised Johnson over his involvement in Partygate scandal
• parliamentary debate

  - Parliamentary debate over Syrian air strikes where Cameron was defeated

  - May Brexit plans were rejected on three separate occasions, one vote 432-202

  # A historic defeat
• delegate representation

  - Stephen Lloyd (represented leave constituency ) supported Brexit after being re-elected in 2017 in order to honour referendum result within constituency (against his own views and party policy)
• MP-Constituency link

  Daisy Cooper (st albans) does 60-80hours of constituency cases a week
• trustee/Burkean representation

  - Anne Maine opposed same sex marriage, despite the fact her constituency supported it

  # votes such as 2013 Gay marriage were "votes of conscious"
• mandate representation

  - Introduction of the 1998 National Minimum Wage was included in Labour's 1997 manifesto

  - In 2003, 139 Labour MPs rebelled against Blair over the invasion of Iraq
• last time bill at second reading was denied

  - 1986 Sunday Trading Bill
• amendment success at committee stage

  - Between 2000-10, only 0.5% of non-government amendments in committee
• parliamentary ping pong

  - 2005 Prevention of Terrorism Act was considered 5 times by Lords and 4 times by Commons over a 30-hour period
• third party impact in legislation

  · In the two sessions of the 2015-2017 parliament, 55 government bills were debated and 48 were passed

  # In contrast, 324 private members bills were introduced, but only 14 were passed
• poor descriptive representation (2010)


  - In 2010, only 9% (27 out of 306 MPs) were of ethnic background in the Conservative party

  - Similarly, 7% of the general population attend independent schools, in contrast to 41% of Conservative MPs and 14% of Labour MPs
• descriptive representation improvements

  · In 2019, there were now 220 female MPs, making up a third of the House and at least 46 out of 650 MPs openly define themselves as LGBT
• collective responsibility

  - Theresa May faced a large number of resignations during her time as PM

  · In 2018, Greg Hands resigned in order to vote against government's plans for a third runway at Heathrow Airport
• collective responsibility not followed (Johnson)

  Boris Johnson remained as Foreign Secretary despite publicly criticising Brexit policy in 2018
• vote of no confidence

  - 1979 Callaghan Labour government lost a confidence motion, forcing PM to ask the queen to dissolve parliament
• cabinet and PM dynamic (Thatcher)

  - Thatcher's 1990 Poll Tax highlighted the growing concerns within the party as well as her inability and unwillingness to listen to others
• cabinet and PM dynamic (Blair)

  - 2003 Invasion

  Blair's preference for informal sofa government meant there was little collective discussion and decision making

  - Blair was never able to persuade Brown to support adopting the euro currency
• Cabinet leaks

  Gavin Williamson was sacked for allegedly leaking details from a National Security Council about threats from Huawei in constructing UK 5G network
• cabinet reshuffles

  In 2018, Jeremy Hunt refused to move from his position as health secretary

  # this reflects weakened power of prime minister with shrunken political capital
• cabinet descriptive representation

  Blair included Prescott who worked as a steward and waiter in the Merchant Navy and was the son of a miner

  # he was seen to link to a Labour's working class in ways Blair could not
• ex cabinet members on backbench

  - Thatcher's demotion of Howe and his later resignation triggered leadership challenged from another ex minister

  # Howe criticised Thatcher's attitude to Europe

  --> coming from someone who served her for over 10 years
• effect of judicial review on PM power

  · PM vs Miller 2019

  - supreme court ruled that Boris Johnson's decision to prorogue parliament was unlawful

  # disrupts the functioning of parliament without a just cause
• rise in number of judicial review

  - 4000 to 15000 cases from 2000 --> 2013
• effect of minority on PM power

  - 2010 Coalition meant Cameron patronage powers were heavily impacted

  # Cameron would have to deliberate and agree with Clegg on the removal of any ministers
• judges expertise

  2 years in high judicial office and 15 years as a lawyer criteria
• HRA used to protect rights

  - Tigere v Secretary for Business, Innovation, and skills 2015, which protected the right to education
• Court decisions overturned (HRA)

  - HM Treasury vs Ahmed (2010) (freezing of accounts)

  # SC ruled gov acting ultra vires

  - Gordon Brown to pass the Terrorist Asset-Freezing (Temporary Provisions) Act
• Court decisions overturned (Brexit)

  - Miller vs Secretary of State for Exiting EU

  # government passed European Union Act 2017, giving them power to enact Article 50
• courts decisions avoided (not implemented)

  - 2005 Hirst vs UK, the court rules that the UK's blanket ban on prisoners' voting was unlawful and violated ECHR

  - However, UK governments sought to delay and avoid implementation

  # until 2017 when granting the vote to prisoners on a temporary licence was proposed
• courts descriptive representation

  - In 2021, 92% of judges attended Oxbridge as well as the average age being 65 years old
• class decline voting behaviour

  - In 1979, Conservatives had support from 59% of middle class

  # however, this fell to 37% in 2005

  - In 1974, Labour had support from 49% of working class

  # however, this fell to 29% in 2010
• age voting behaviour

  - 2019 general election

  # 56% of 18-24 voted Labour while 21% voted conservatives

  # 14% of 70+ voted for Labour while 67% voted conservatives